Ogawa v Secretary, Department of Education, Science & Training 2005 FCA 1472

FEDERAL COURT OF AUSTRALIA

Ogawa v Secretary, Department of Education, Science & Training 2005 FCA 1472 ADMINISTRATIVE LAW – Judicial Review - whether Secretary/Minister correctly exercise or failed to exercise their discretion on University of Melbourne's alleged breach of the Education Services for Overseas Students Act 2000 (Cth) and National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students – whether the Ombudsman (Vic) is an "independent grievance handling/dispute resolution" process required for international students by the National Code – whether the applicant is "aggrieved" and the "decision" was "made under the enactment" to which the Administrative Decisions (Judicial Review) Act 1977 (Cth) applies

WORDS AND PHRASES – 'independent grievance handling/dispute resolution' Education Services for Overseas Students Act 2000 (Cth) ss 15, 19, 33, 34, 38, 43, 83, 104, 107, 108 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5, 7 Judiciary Act 1903 (Cth) Trade Practices Act 1974 (Cth) Criminal Code (Cth) s 5.6 Education Services for Overseas Students Regulations 2001 (Cth) Ombudsman Act 1973 (Vic) ss 13, 17, 23 Melbourne University Act 1958 (Vic) Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 followed Mark v Australian Broadcasting Tribunal (1991) 32 FCR 476 followed Park Oh Ho v Minister for Immigration and Ethnic Affairs (1989) 167 CLR 637 applied Griffith University v Tang (2005) 212 ALR 724 distinguished National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students

MEGUMI OGAWA v SECRETARY OF THE DEPARTMENT OF EDUCATION, SCIENCE AND TRAINING AND MINISTER FOR EDUCATION, SCIENCE AND TRAINING QUD 161 of 2005 DOWSETT J 21 OCTOBER 2005 BRISBANE